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Anthropic seeks clarification and order requiring Matthew Oppenheim to declare “no one at O+Z or at the Publishers who have had access to Protected Material [of Anthropic] under the Protective Order has used Protected Material to investigate future claims”

Anthropic is seeking clarification from Magistrate Judge van Keulen on the scope of the protective order.

Specifically, “Anthropic seeks an order confirming that the Protective Order in this case, ECF 293, prohibits a receiving party’s use of Protected Material produced in this litigation for any purpose outside of the above captioned litigation, including to investigate, pursue, or prosecute, in any fashion, any future claims or litigation.

Anthropic also seek an order from the Court requiring lead counsel at Oppenheim + Zebrak LLP (“O+Z”), Mr. Matthew Oppenheim, to submit a declaration stating that (a) no one at O+Z or at the Publishers who have had access to Protected Material under the Protective Order has used Protected Material to investigate future claims or for any purpose other than litigating this case, and (b) similarly that no one at O+Z who accessed Protected Materials from Bartz has used those materials for any purpose in this case. And if O+Z and the Publishers are unable to swear to their compliance with the Protective Order, Anthropic seeks an order from the Court that O+Z and Publishers (and anyone else with whom they have shared Protected Material) must destroy all work product based on such improper uses and certify such destruction.”

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